Joint Circular No. 91/TP-TA Issuing the Regulation on Coordination between the Director of the Department of Justice and the President of the People's Court of the Province/City Directly Under the Central Government in Managing the Organization of People's Courts at District, County, City, and Provincial City Levels

JOINT CIRCULAR

Issuing regulations on cooperation between the Director of the Department of Justice and

the President of the People's Court of the province, centrally governed city

in managing the organization of people's courts

at district, county, town, and provincial centrally governed city levels

Pursuant to Article 16 of the Law on the Organization of the People's Courts, and Article 16 of the Regulations on Cooperation between the Minister of Justice, the President of the Supreme People's Court, and the Minister of National Defense issued together with Resolution No. 46/NQ-UBTVQH9 dated September 29, 1993 of the Standing Committee of the National Assembly

The Minister of Justice and the President of the Supreme People's Court jointly stipulate the cooperation between the Director of the Department of Justice and the President of the People's Court of the province, centrally governed city in managing the organization of people's courts at district, county, town, and provincial centrally governed city levels as follows:

Article 1:

The management of the organization of people's courts at district, county, town, and provincial centrally governed city levels according to the provisions of the分级翻译如下，请确认是否需要继续进行剩余部分的翻译：

Article 2:

The cooperation between the Director of the Department of Justice and the President of the People's Court of the province, centrally governed city in managing the organization of people's courts at district, county, town, and provincial centrally governed city levels shall be carried out through the following forms:

1. Exchanging opinions in writing or directly;

2. Notifying documents;

3. Cooperating to organize inspections of the work of people's courts at district, county, town, and provincial centrally governed city levels.

Article 3.

The Director of the Department of Justice shall coordinate with the President of the People's Court of the province, centrally governed city before:

1. Proposing the Minister of Justice to decide on the staffing, number of judges and lay judges for each people's court at district, county, town, and provincial centrally governed city levels;

2. Proposing the Minister of Justice to decide on the list of members of the selection committee for judges of people's courts at district, county, town, and provincial centrally governed city levels;

3. Proposing the Minister of Justice to submit to the President of the State to appoint, dismiss, or remove the President and Vice-President; dismiss judges of people's courts at district, county, town, and provincial centrally governed city levels;

4. Proposing the Minister of Justice to decide on the transfer of judges among people's courts at district, county, town, and provincial centrally governed city levels.

In case there are differing opinions on the issues specified in this Article, the Director of the Department of Justice and the President of the People's Court of the province, centrally governed city shall report their opinions to the Minister of Justice for coordination with the President of the Supreme People's Court to examine and decide.

Article 4.

The Director of the Department of Justice shall exchange opinions with the President of the People's Court of the province, centrally governed city:

1. Introducing to the selection committee for judges a list of persons meeting the criteria to become judges of people's courts at district, county, town, and provincial centrally governed city levels, for the selection committee to select and propose for appointment;

2. Requesting the selection committee for judges to consider the proposal to remove judges, provide comments on the dismissal of the President and Vice-President of people's courts at district, county, town, and provincial centrally governed city levels;

3. Proposing the Ministry of Justice to decide on funding for the construction of the headquarters of people's courts at district, county, town, and provincial centrally governed city levels;

4. Deciding on the planning of cadres and specific plans for training civil servants and officials for people's courts at district, county, town, and provincial centrally governed city levels;

5. Deciding on disciplinary measures to terminate employment for civil servants and officials of people's courts at district, county, town, and provincial centrally governed city levels, except for judges.

In case there are differing opinions on the issues specified in this Article, the Director of the Department of Justice shall decide within his authority; the President of the People's Court of the province, centrally governed city has the right to report to the Minister of Justice and the President of the Supreme People's Court about his opinion on the decision of the Director of the Department of Justice.

Article 5.

The Director of the Department of Justice shall notify in writing the President of the People's Court of the province, centrally governed city before:

1. Directing, inspecting, and urging the completion of the organizational structure and staff of people's courts at district, county, town, and provincial centrally governed city levels in accordance with the regulations of the Ministry of Justice;

2. Implementing the staffing quota, number of judges and lay judges of people's courts at district, county, town, and provincial centrally governed city levels as prescribed by the Ministry of Justice;

3. Implementing the resolution of the status and policies for judges of people's courts at district, county, town, and provincial centrally governed city levels

4. Implementing the inspection, handling complaints and reports regarding the moral character and illegal behavior of judges of people's courts at district, county, town, and provincial centrally governed city levels.

Article 6.

The Director of the Department of Justice shall coordinate with the President of the People's Court of the province, centrally governed city before deciding on rewards or proposing the Ministry of Justice to reward collectives and individuals of people's courts at district, county, town, and provincial centrally governed city levels.

When necessary, the Director of the Department of Justice and the President of the People's Court of the province, centrally governed city may cooperate to organize inspection teams to inspect the work of people's courts at district, county, town, and provincial centrally governed city levels.

Article 7.

Every quarter, the Director of the Department of Justice and the President of the People's Court of the province, centrally governed city shall notify each other about the management of the organization and operation of people's courts at district, county, town, and provincial centrally governed city levels.

Article 8.

Reports from the Director of the Department of Justice on the management of the organization of people's courts at district, county, town, and provincial centrally governed city levels sent to the Ministry of Justice and the Provincial People's Committee shall also be sent to the President of the People's Court of the province, centrally governed city.

Reports from the President of the People's Court of the province, centrally governed city on the adjudication work of people's courts at district, county, town, and provincial centrally governed city levels sent to the Ministry of Justice, the Supreme People's Court, or the People's Council shall also be sent to the Director of the Department of Justice.

The reports of the President of the People's Court of the province, centrally governed city on the adjudication work of the People's Courts at district, urban district, town, and provincial city levels shall be submitted to the Ministry of Justice, the Supreme People's Court, or the People's Council at the same time as they are sent to the Director of the Department of Justice.

Article 9.

When the President of the People's Court of a province or centrally governed city, or the Director of the Department of Justice identifies issues that need to be considered and promptly guided in the organizational work or adjudication activities of the People's Court of a district, county, town, or provincial city, they shall immediately notify each other or exchange opinions to resolve such issues within their respective authorities, or propose that competent authorities address them.

Article 10.

This Regulation takes effect from the date of signature; the Director of the Department of Justice and the President of the People's Court of a province or centrally governed city shall be responsible for implementing this Regulation within the scope of their duties and powers./.